HomeMy WebLinkAboutCounty Council October 10 20171 WHATCOM COUNTY COUNCIL
2 Regular County Council Meeting
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4 October 10, 2017
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6 CALL TO ORDER
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8 Council Chair Barry Buchanan called the meeting to order at 7:02 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
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12 ROLL CALL
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14 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
15 Donovan, Rud Browne and Barry Buchanan.
16 Absent: None.
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19 FLAG SALUTE
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22 ANNOUNCEMENTS
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25 PUBLIC HEARINGS
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27 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
28 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
29 BELLINGHAM TO PURCHASE BALLISTIC VESTS FROM FUNDS PROVIDED BY
30 THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM, IN
31 THE AMOUNT OF $13,113 (AB2017 -280)
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33 Buchanan opened the public hearing, and hearing no one, closed the public hearing.
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35 Brenner moved to approve the request.
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37 The motion was seconded.
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39 The motion carried by the following vote:
40 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
41 Nays: None (0)
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43 2. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE
44 17 FLOOD DAMAGE PREVENTION (AB2017 -286)
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46 Paula Harris, Public Works Department, described the substitute pages that fix
47 scrivener's errors.
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49 Buchanan opened the public hearing, and hearing no one, closed the public hearing.
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51 Donovan moved to adopt the ordinance.
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53 The motion was seconded.
Regular County Council Meeting, 10/10/2017, Page 1
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2 The motion carried by the following vote:
3 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
4 Nays: None (0)
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6 3. ORDINANCE ADOPTING INTERIM AMENDMENTS TO THE WHATCOM COUNTY
7 COMPREHENSIVE PLAN AND THE WHATCOM COUNTY CODE TITLE 15
8 BUILDINGS AND CONSTRUCTION, TITLE 20 ZONING, TITLE 21 LAND
9 DIVISION REGULATIONS AND TITLE 24 HEALTH CODE, RELATING TO
10 WATER RESOURCES (AB2016 -309G)
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12 Mark Personius, Planning and Development Services Department, referenced and
13 read from a staff report in the Council packet. The State legislature has not moved forward
14 on a fix for the Hirst Decision.
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16 Buchanan opened the public hearing, and the following people spoke:
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18 John Westerfield stated he is opposed to the moratorium. The average Nooksack
19 River flow was drawn according to the median flow, not the average flow, which is
20 inappropriate. Wells use little water, and most of it goes back into the ground.
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22 Brett Espy stated the County must support the rural landowners caught in the mess.
23 The State legislature won't fix the problem. Explore the idea of fighting the Hirst Decision.
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25 Anton Karuza described the impact of the Hirst Decision on his property. Look at
26 real science, not political science.
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28 Kathy Sabel stated she is opposed to the moratorium and they must all listen and
29 compromise.
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31 Roger Almskaar stated he represents landowners who are impacted by the Hirst
32 Decision. He supports net -zero mitigation. Include language that allows them flexibility as
33 science advances.
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35 Karen Brown stated the water resources inventory area (WRIA) 1 Nooksack Basin
36 has not been adjudicated, so senior water rights can't be determined. She does not support
37 the ordinance. Review the rule of instream flow, which is wrong. Do not use Economic
38 Development Investment (EDI) funding for anything related to water.
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40 Linda Twitchell, Building Industry Association, stated option 2 as described in the
41 staff memo is the best option. Revisit the calculation for determining instream flow, which
42 uses the median. Look at the minimum instream flow figure. Do not choose option 3. Have
43 a public meeting in a rural area.
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45 Wendy Harris stated property rights aren't connected to water rights. There should
46 be better disclosure about that when people buy property. The county is out of water and
47 cannot sustain infinite growth with finite resources. They must understand the strain on the
48 water system and catalog what they have. Keep the ecosystem healthy.
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50 Robin Dexter stated he supports the staff option to pursue a local settlement. Hire a
51 lobbyist or work with Department of Ecology to rationalize the water rights database and
52 achieve water rights banking. Find out what water they have and figure out how to
53 measure water use. Get started on a comprehensive solution.
Regular County Council Meeting, 10/10/2017, Page 2
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2 Max Perry stated the Council can begin adjudication activity. They have water, but
3 they don't know how much. Begin mitigating for the water.
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5 Todd Bell described the impact of the Hirst Decision on his property and stated the
6 cities shouldn't be able to expand and grow if they're out of water. The intent of the
7 decision is to stop development, which is a government taking.
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9 Jay Markarian stated he is in the process of calculating how much rain there is and
10 how it's used. Limiting growth this way will prevent other social services. Protect the
11 citizens.
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13 Stan Levinson described the impact of the critical areas ordinance on his property.
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15 Mary Beth Teigrob stated she is opposed to government regulations on private
16 property.
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18 Hearing no one else, Buchanan closed the public hearing.
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20 Weimer moved to adopt the ordinance.
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22 The motion was seconded.
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24 Councilmembers discussed the beneficial uses of wells; the City of Bellingham
25 putting unused water into the bay; protecting the people in Whatcom County, especially if
26 they have a vested permit; the County's efforts to fight the lawsuit; the decision from the
27 Supreme Court; solutions from mitigation and lobbying state legislators; the impact of
28 adjudication making things worse; the need for compromise; abiding by the rule of law and
29 honoring the councilmembers' oaths of office; and setting aside politics during an election
30 cycle to focus on people who are suffering due to the Hirst Decision.
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32 The motion carried by the following vote:
33 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
34 Nays: Brenner (1)
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37 OPEN SESSION
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39 The following people spoke:
40 0 Gwen Hunter spoke about the critical areas ordinance update (AB2016 -276L)
41 and best available science.
42 • Kathryn Grant submitted a handout (on file) and spoke about incarceration
43 and mental health.
44 • Karen Brown spoke about her public records request of the State Supreme
45 Court.
46 • Joseph McDowell spoke about religious differences of Bellingham citizens.
47 • Todd Bell spoke about the public hearing process being a one -sided discussion
48 and about the Ordinance Adopting Interim Amendments to the Whatcom
49 County Comprehensive Plan and the Whatcom County Code Title 15 Buildings
50 and Construction, Title 20 Zoning, Title 21 Land Division Regulations and Title
51 24 Health Code, relating to water resources (AB2016- 309G).
52 John Westerfield spoke about State legislators who don't respond to the
53 citizens and stalled legislation in Olympia regarding the Hirst Decision.
Regular County Council Meeting, 10/10/2017, Page 3
1 0 Carole Perry spoke about citizens working with the County and with State
2 legislators on water issues.
3 • John Campbell spoke about the critical areas ordinance update and the impact
4 of the Growth Management Act.
5 • Kathy Sabel spoke about identifying the facts before coming up with a
6 solution to the Hirst Decision.
7 • Wendy Harris spoke about the critical areas ordinance update (AB2016 -276L)
8 and best available science.
9 . Stan Levinson spoke about how the critical areas ordinance requirements
10 impact his property.
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12 Councilmembers discussed contacting State legislators about State legislative
13 solutions to the Hirst Decision.
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15 CONSENT AGENDA
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17 Browne reported for the Finance and Administrative Services Committee and
18 moved to approve Consent Agenda items one through four.
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20 The motion was seconded.
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22 The motion carried by the following vote:
23 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
24 Nays: None (0)
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26 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #17 -53
27 FOR THE REPLACEMENT OF ONE HYDROSTATICALLY DRIVEN CHIP
28 SPREADER TO THE SOLE BIDDER, PACWEST MACHINERY, IN THE AMOUNT
29 OF $290,449.91 (AB2017 -290)
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31 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #17 -58
32 FOR THE REPLACEMENT OF ONE TRUCK - MOUNTED WATER TANK TO LOW
33 BIDDER, RANDCO TANKS, IN THE AMOUNT OF $58,568.16 (AB2017 -291)
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35 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
36 CONTRACT BETWEEN WHATCOM COUNTY AND BROWN & CALDWELL
37 ENVIRONMENTAL ENGINEERS & CONSULTANTS FOR LAKE WHATCOM
38 TRIBUTARY MONITORING, WATER YEARS 2018 -2020, IN THE AMOUNT OF
39 $279,779 (AB2017 -292)
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41 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
42 GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON
43 STATE DEPARTMENT OF ECOLOGY TO FUND ADMINISTRATIVE AND ACTION
44 PROJECTS FOR THE WHATCOM COUNTY MARINE RESOURCES COMMITTEE
45 THROUGH THE PERIOD OF OCTOBER 1, 2017, THROUGH SEPTEMBER 30,
46 2018, IN THE AMOUNT OF $74,000 (AB2017 -293)
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49 OTHER ITEMS
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51 1. RESOLUTION ORDERING THE CANCELLATION OF UNCLAIMED CHECKS MORE
52 THAN TWO YEARS OLD (AB2017 -289)
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Regular County Council Meeting, 10/10/2017, Page 4
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Browne reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
2. APPOINTMENT OF TWO COUNCILMEMBERS TO SERVE ON THE RESERVE
OFFICERS RETIREMENT BOARD OF TRUSTEES (AB2017 -299)
Brenner moved to nominate and appoint herself.
The motion was seconded.
( Councilmember Brenner's motion was not voted on.)
Buchanan moved to nominate and appoint Councilmembers Brenner and Sidhu.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
1. APPOINTMENT TO THE OPEN SPACE ADVISORY COMMITTEE, APPLICANT:
PAUL STERMER (AB2017 -277)
Mann moved to appoint Paul Stermer.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
INTRODUCTION ITEMS
Buchanan described a scrivener's error that will be changed in the final version of
item two.
Donovan withdrew item eight.
Weimer withdrew item seven.
Browne moved to accept Introduction Items one through six.
The motion was seconded.
Regular County Council Meeting, 10/10/2017, Page 5
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The motion to approve Introduction Items one through six carried by the following
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vote:
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Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
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Nays: None (0)
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1.
RESOLUTION APPROVING THE SALE OF A PORTION OF SURPLUS REAL
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PROPERTY (AB2017 -285)
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2.
RESOLUTION APPROVING THE WHATCOM COUNTY 2018 ANNUAL
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CONSTRUCTION PROGRAM (AB2017 -294)
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3.
RESOLUTION ADOPTING THE SIX -YEAR WATER RESOURCES IMPROVEMENT
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PROGRAM FOR 2018 -2023 (COUNCIL ACTING AS THE WHATCOM COUNTY
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FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017 -295)
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4.
ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, TWELFTH
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REQUEST, IN THE AMOUNT OF $1,229,376 (AB2017 -296)
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S.
ORDINANCE REPEALING ORDINANCE NO. 96 -008, ACCIDENT PREVENTION
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PROGRAM (AB2017 -297)
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ORDINANCE AMENDING ORDINANCE NO. 2014 -085 (ESTABLISHMENT OF
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THE INTEGRATED LAND RECORDS AND PERMIT MANAGEMENT SYSTEM FUND
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AND ESTABLISHING A PROJECT BASED BUDGET FOR INTEGRATED LAND
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RECORDS AND PERMIT MANAGEMENT SYSTEM PROJECTS) TO APPROPRIATE
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FUNDING FOR A NEW PERMIT SYSTEM PROJECT (AB2017 -298)
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7.
ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.04, SPEED
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LIMITS, TO ESTABLISH THE SPEED LIMIT FOR A PORTION OF NORTH SHORE
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ROAD (AB2017 -196A)
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Brenner reported for the Public Works, Health, and Safety Committee and moved
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to accept version four.
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The motion was seconded.
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Councilmembers discussed the speed limits.
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Brenner moved to approve version four of the ordinance, which includes a no
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passing
zone, with an amendment to designate the following speed limits:
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. 35 mph on North Shore Road from Y Road easterly to Lakeshore
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. 30 mph on North Shore Road from Lakeshore Road easterly to the westerly
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side of Smith Creek
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The motion was seconded.
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The motion carried by the following vote:
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Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
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Nays: None (0)
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8./
ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 16.16
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(CRITICAL AREAS) AND WHATCOM COUNTY CODE CHAPTER 23.10
Regular County Council Meeting, 10/10/2017, Page 6
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(SHORELINE MANAGEMENT PROGRAM — PURPOSE AND INTENT)
PERTAINING TO THE PROTECTION AND REGULATION OF
ENVIRONMENTALLY CRITICAL AREAS (AB2016 -276L)
Browne moved to refer to Committee of the Whole
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
COMMITTEE REPORTS OTHER ITEMS, AND COUNCILMEMBER UPDATES
Councilmembers gave updates on recent activities and upcoming events.
ADJOURN
The meeting adjourned at 9:03 p.m.
The COU11ty Caunc:il approved these minutes on January 30, 2018.
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ATTEST: ;;A
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Dana Brown - Davis, Council Clerk
�s
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
BarvOg c anan, Council Chair
Regular County Council Meeting, 10/10/2017, Page 7